Comm2A - Lawsuit filed against Everett Police Chief

Serapis

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Got a feeling this is gonna be a dead issue since all anyone wants to do is restrict us more.
 

cekim

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Got a feeling this is gonna be a dead issue since all anyone wants to do is restrict us more.
Not really an option to just "let it die" for the courts.

That is the upside to legal proceedings, they are much less influenced by political agenda (though not free from it to be sure), but tabling discussion and letting bills die in committee is not an option. They either have to rule in our favor or against which sets up the next higher court for a challenge.

The downside to legal proceedings is they take forever.
 

frenchman

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He used to work for the FRB and now he's in a private practice. You should stop bashing him so damn much, he's been incredibly helpful through this whole process, constantly calling and ensuring I'm updated on every step of the way.

He is a great attorney and you should stop focusing on the fact that he used to work for the FRB, he now he works for us.
He works for "us"? ROFL. He's a lawyer. He works for himself. If tomorrow a town will hire him to defend them agains people who have issuing problems, he will. That's his job. I don't say there's anything wrong with that, it's just the way it is..
 
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Could police depts that are backed up simply issue a denial on the 40th day so that they are in compliance with the law?
Sorry I stopped reading when I saw the OP left out the last phrase of MGL ch 140 s. 131 (e):
The licensing authority shall, within 40 days from the date of application, either approve the application and issue the license or deny the application and notify the applicant of the reason for such denial in writing; provided, however, that no such license shall be issued unless the colonel has certified, in writing, that the information available to him does not indicate that the possession of a firearm or large capacity firearm by the applicant would be in violation of state or federal law.
 
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............ When the chief starts to blow smoke up the judge's ass blaming it all on the state, Jason will politely put
him in his place and the judge will have to listen since Jason "was the state" that the chief is trying to pin the blame!
in many cases it's the State Police, a town cannot issue a license until the applicant is cleared by the SP.... MGL ch 140 s. 131(e)

Of course the real problem is the Massachusetts laws on licensing. The SP are required to respond to the town within 30 days, but they don't and there is no penalty nor is there a "failure to respond shall be deemed approval of the applicant."
 

ToddDubya

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in many cases it's the State Police, a town cannot issue a license until the applicant is cleared by the SP.... MGL ch 140 s. 131(e)

Of course the real problem is the Massachusetts laws on licensing. The SP are required to respond to the town within 30 days, but they don't and there is no penalty nor is there a "failure to respond shall be deemed approval of the applicant."
I trust Comm2A has their bases covered on this one. They aren't exactly ambulance chasers.
 

50 BMG

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Last evening at the members meeting of the Holbrook Sportsman's club I spoke to the membership about writing to their Senators and Congressman and voice their opposition to the proposed new gun laws.

After I finished a gentlemen raised his hand and stated, my son is going thru a court case now which involves the Everett police and issuing him his LTC. He went on to say, Comm2A has come to his aide and if it wasn't for them my son would be like so many others, simply denied their 2nd amendment rights. He spoke highly of the hard work and dedication of the staff of Comm2A and STRONGLY encouraged all the members to learn more about them and to donate. The club president stated we have donated over $1300 this year alone, we agree Comm2A is our only defense in this state.

So as to the status of the case, well I cant speak to where it stands, but if the farther of the individual who is involved in this case speaks that highly of Comm2A then I would say, Comm2A is fighting hard and I for one am confident they shall succeed in a this case.
 
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50 BMG

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He used to work for the FRB and now he's in a private practice. You should stop bashing him so damn much, he's been incredibly helpful through this whole process, constantly calling and ensuring I'm updated on every step of the way.

He is a great attorney and you should stop focusing on the fact that he used to work for the FRB, he now he works for us.
+100000
 

ColdDayInHell

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Thanks for the link Obie. It took me 94 days but still I got ALP. What a shame, losing a pay increase like that sucks! Guida sounded good though.
 

M1911

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I trust Comm2A has their bases covered on this one. They aren't exactly ambulance chasers.
Agreed. The attorney leading the case, Jason Guida, was previously the director of the Firearms Records Bureau. He knows where the delays are occurring as he was part of the system.
 

50 BMG

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The chief said it was due in part to " lack of personnel"[rolleyes]. I wonder if that is the case when they issue a parking ticket? NO...the parking fine keeps going up.

Great job Comm2A.
 

terraformer

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This was in court today. Rumor has it the judge ruled in our favor but we need to wait for Brent to come back and let us know the details. Regardless, we aren't done with this issue. This was step 1.
 
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Today was a victory in that the court ordered Everett to either issue a license or denial by 1/24. The judge took a quick recess prior to hearing our case and decided to set the application date at December 10, the day that our plaintiff returned to the PD to have his prints taked for a second time.

More than anything else, we've gotten their attention and they're not pleased with us.

The Everett lawsuit on Channel 5: http://m.wcvb.com/news/Everett-poli...ses/-/17428308/18133564/-/f36o9j/-/index.html

"We know why Everett's numbers are down, they're not actually processing applications." -KD

LOL.
They didn't run my best quote: "The Everett PD can keep on top of Facebook and Twitter, but can't keep up with what the law actually requires them to do".
 

terraformer

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If the judge rules in our favor what does this actually mean? What are the steps?
Next steps are more litigation and/or Everett cleans up their act. Either one, we are seeing this through to the end. Stay tuned. You will note we posted for more plaintiffs in Everett yesterday.
 
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Next steps are more litigation and/or Everett cleans up their act. Either one, we are seeing this through to the end. Stay tuned. You will note we posted for more plaintiffs in Everett yesterday.
I am sure there will be no drought of plantiffs. The sad part is, even the good towns are breaking the law, probably more than 50%.

Great work guys!
 

cekim

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Nice work as always comm2A... Going to be interesting as there is little mechanical chance of getting a license by 1/24 through the CHSB unless they call in a big favor? They just don't move that fast.
 

jasons

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The judge took a quick recess prior to hearing our case and decided to set the application date at December 10, the day that our plaintiff returned to the PD to have his prints taked for a second time.

Just out of curiosity, is that the date that your client actually applied?
 

terraformer

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Just out of curiosity, is that the date that your client actually applied?
No, but that's a second order problem. The key here is the judge upheld that there is a 40 day limit and enforced it. That she set the date wrong for the application date is a new problem. And it's not one that we are going to ignore.
 

jasons

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No, but that's a second order problem. The key here is the judge upheld that there is a 40 day limit and enforced it. That she set the date wrong for the application date is a new problem. And it's not one that we are going to ignore.
Cool. I know you are well aware of other towns (Worcester) that are telling potential applicants that they can't apply or have to wait months to apply based on some bogus idea that applications must be submitted in person.
 

terraformer

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Cool. I know you are well aware of other towns (Worcester) that are telling potential applicants that they can't apply or have to wait months to apply based on some bogus idea that applications must be submitted in person.
Yup, in due time... [grin]
 
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Ive been waiting for my LTC in Everett since May and have been involved with this lawsuit. I happened to check January 3rd with the FRB and they said it had been approved. Maybe the phone calls and pressure are finally turning up the heat. Hopefully Ill actually get my hands on the permit soon, but you never know with this PD. Regardless great job everyone for sticking with this and kudos to Comm2a for listening to all of our complaints and helping out.
 
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